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(영문) 서울북부지방법원 2016.05.12 2016고정665
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 24, 2016, the Defendant was sentenced to four months by the Seoul Northern District Court for a crime such as violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on May 10, 2016.

The Defendant, in Seoul Dongdaemun-gu, performed delivery at the off-line house of the trade name “C” in Dongdaemun-gu Seoul.

On June 24, 2015, the Defendant: (a) while carrying out the duties of delivery of premium-free cash and the collection of cash in around 04:00, the Defendant kept one of the card terminal devices equivalent to KRW 262,000 in cash and the acquisition price of KRW 480,000 in cash; and (b) embezzled by escaping without returning it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the Selection of Punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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